Law: Industrial Relations Ordinance, (XXIII of 1969)

Section: 53, 15(1)(i)

Industrial Relations Ordinance (XXIII of 1969) Ss. 53 & 15(1)(i) read with National Industrial Relations Commis sion (Procedure and Functions) Regulation, 1973, Regulations 23 & 28-Invoking penal law for , punishment of an offender-Element of mens rea in act complained of must be shown-Chairman, National Industrial Relations Commission may have powers to take suo motu cognizance of industrial offences but once he has acted upon a com plaint he has to follow procedure laid down in National Industrial Relations Commission (Procedure and Functions) Regulation, 1973 Complaint, characteristic of-Complainant should set out ingredient of offence and pray for punishment of offender-Object of a person in filing application not that particular offence should be punished but rather to mention particular facts with a view to seek some relief Chairman, in such circumstances, issuing process to a person for show ing why he should not be punished under S. 15(1)(i) read with S. 53 of Industrial Relations Ordinance, 1969-Action, held, without lawful authority and of no legal effect-Criminal Procedure Code (V of 1898), S. 4 (1)(h).-[Complaint]. The Chairman, National Industrial Relations Commission may have powers to take suo motu cognizance of industrial offences but once he has taken upon himself to act upon a complaint filed before him, be has to follow the procedure laid down in the National Industrial Relation: Commissions (Procedure and Functions) Regulations, 1973. The necessary characteristic of a complaint is that the complainant should ask the authority concerned to punish the delinquent. In the application filed by the President of the Union it had been indicated that there was no intention to enter into litigation with the management and the Chairman had been approached on the assumption that he may have some powers to order the payment of the salaries to the labourers. It was also indicated that the Provincial Government was holding out promises to the labourers that they will run the mill themselves but this promise had not been fulfilled. The emphasis of the application, therefore, was on the payment of the salaries to the labourers and not for awarding…